LexisNexis® Legal Newsroom
It’s Still the Economy, Stupid: Considering the NCCI Research Brief “Workers’ Compensation Claims Frequency”

By Vernon Sumwalt, Esq. In the NCCI brief “ Workers’ Compensation Claims Frequency ” (August 2011), Jim Davis and Yair Bar-Chaim look at the consequences of the Great Recession of 2007-2009 upon workers’ compensation claims frequency in 2010. To a variable extent, the conclusions...

It’s Still the Economy, Stupid: Considering the NCCI Research Brief “Workers’ Compensation Claims Frequency”

By Vernon Sumwalt, Esq. In the NCCI brief “ Workers’ Compensation Claims Frequency ” (August 2011), Jim Davis and Yair Bar-Chaim look at the consequences of the Great Recession of 2007-2009 upon workers’ compensation claims frequency in 2010. To a variable extent, the conclusions...

Congress Holds Hearing on OSHA Workplace Safety Regulations

Focus on Creating Regulations that Adequately Protect Workers Without Unduly Burdening Struggling Employers By John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S. House of Representatives held a hearing on October...

Congress Holds Hearing on OSHA Workplace Safety Regulations

Focus on Creating Regulations that Adequately Protect Workers Without Unduly Burdening Struggling Employers By John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S. House of Representatives held a hearing on October...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

House Committee Blames Regulators and Operator for Upper Big Branch Mine Disaster

Better Enforcement and Safety Programs Might Have Saved Lives By John Stahl, Esq. The House Committee on Education and the Workforce (Committee) conducted a March 27, 2012, hearing on the 2010 West Virginia mining tragedy at the Upper Big Branch (UBB) mine. The Committee concluded that the mine operator...

FERC Provides Guidance to PJM Limited Liability and Worker Safety Issues

On June 7, 2012, FERC provided guidance to PJM Interconnection, L.L.C. ("PJM") on whether there was a responsibility to oversee worker safety under its Open Access Transmission Tariff ("OATT") and whether the OATT's limited liability clause precludes a negligence tort claim by...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (4/29/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Walmart Suppliers Say Retail Giant Squeezes Them to Produce More, No Concern for Worker Safety . Radiation...

Ohio: Intentional Tort Action Against Employer Fails

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury. The employee lost his...

More Lessons From Workplace Safety for the Compliance Practitioner

I have long believed that the compliance discipline has quite a bit to learn from the area of safety in the workplace. This is not only because I believe that the changes in corporate attitudes about safety presage many of the current debates about how to ‘do compliance’ but also because...

Worker’s Injuries From Cave-In Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/11/2014)

Here’s the third batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Joseph R. Scott, Inc., State Compensation...

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and that the employer had gone to great lengths to provide...

Workers Memorial Day: Honoring the Dead as We Fight for the Living

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. 25 Years of Speeches and Bells The key talking points for journalists and speechwriters...

The Aging Workforce: How to Manage Workers’ Comp Costs for the Silver Bunch

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Here’s the story of an aging workforce that can’t afford to leave their jobs...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

ACOEM Updates Guideline Regarding the Use of Opioids in Safety-Sensitive Jobs

ACOEM tightens guidelines, cautions against the use of opioids in any safety sensitive job, not just motor vehicle driving Much has been written lately on the increased use—both licit and illicit—of opioids. Against this backdrop, concern is mounting over the impact this usage may have...

California: Governor Signs Bill to Protect Temporary Workers

Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors, for the payment of wages and the failure to...

The False Picture of Contingent and Temporary Workers in the American Workplace

Study argues that lack of coordination in gathering data on contingent and temporary workers has resulted in undercounting and misclassifying of work hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator...

Is Your Company Complying with the New OSHA Reporting Requirements?

Employers under federal OSHA’s jurisdiction are now required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding about the incident. Companies can call the nearest area office during normal business...

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

by Nicole Cheuk As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from...

Insurer-Supported Engineering Controls Can Lead to Significant Reduction of Overall Workers’ Comp Claims and Costs

New study evaluates controls to reduce/eliminate workplace hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. Insurer-supported engineering controls—those...

OSHA and Pro Sports—Are Concussions the NFL’s Black Lung?

San Francisco linebacker Chris Borland rocked the sports world yesterday by announcing his retirement from pro football at the age of 24 after playing only one NFL season. His reason: concerns about the long-term impact of football-related head trauma. The news comes even as the NFL has implemented...

The Evolution of Reform: WCRI Panel Examines Resilience and Renovation in Workers’ Compensation

Closing session at WCRI’s annual conference examines workers’ comp systems in Texas, Pennsylvania, Oregon and Florida By Ryan Benharris, Esq. Focusing on Resilience or Renovation, the 2015 Workers Compensation Research Institute Annual Convention (WCRI) closed its seminar on March 6...

MDL Judge Approves Settlement of Brain Injury Class Action Against NFL

PHILADELPHIA — (Mealey’s) The federal judge overseeing the multidistrict litigation against the National Football League (NFL) yesterday gave final approval to a settlement of the litigation that makes upwards of $765 million available to former players who suffer from brain injuries ( In...